By Onyewuchi Ojinnaka
Senior Correspondent
A Supreme Court judge, Justice Sylvester Ngwuta, who was standing trial at the Federal High Court Abuja over allegations of corrupt enrichment was on Friday March 23 discharged and acquitted by the trial judge, Justice John Tsoho.
Justice Ngwuta is being prosecuted by the Attorney-General of the Federation (AGF) on behalf of the Federal Government of Nigeria (FGN).
While delivering judgement on the case, the trial judge placed heavy reliance on the decision of the Court of Appeal in the case of Justice Hyeladzira Nganjiwa of the Federal High Court, and thus held that the prosecution in the Justice Ngwuta case failed to comply with the condition precedent before bringing charges against a judicial officer.
Justice Tsoho further held that as was the Court of Appeal’s decision in the Justice Nganjiwa’s case, all allegations against a judicial officer, with the exception of murder, arson and the likes, must first be subjected to the scrutiny of the National Judicial Council (NJC) before the affected judicial officer can be taken before the regular court for trial.
The trial court held that none of the offences in the 13-count charge against Justice Ngwuta fell in the category of the offences on which the Court of Appeal declared that a judicial officer may be prosecuted without first clearing with the NJC.
